1. (a) A disclaimer is barred by a written waiver of the right to disclaim.

2. (b) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:

   1. (1) The disclaimant accepts the interest sought to be disclaimed;
   2. (2) The disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or
   3. (3) A judicial sale of the interest sought to be disclaimed occurs.
3. (c) A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.
4. (d) A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.
5. (e) A disclaimer is barred or limited if so provided by law other than this chapter.
6. (f) A disclaimer of a power over property which is barred by this section is ineffective. A disclaimer of an interest in property which is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this chapter had the disclaimer not been barred.

History

Mar. 2, 2007, D.C. Law 16-205, § 2(b), 53 DCR 9063

Editor's Notes

Uniform Law: This section is based upon § 13 of the Uniform Disclaimer of Property Interests Act (1999).

Section References

This section is referenced in § 19-1516.